Publication date: 18.11.2024
Dismissal from the Armed Forces of Ukraine for family reasons is a topical issue for military personnel and their families. In the current environment, when thousands of Ukrainians are performing military service, knowledge of the legislation on the procedure for dismissal on such grounds is extremely important. Let's consider what family circumstances can serve as grounds for dismissal, how to properly prepare a letter of resignation from the Armed Forces, the procedure for submitting documents and the nuances that need to be taken into account.
The legal framework
Dismissal from the ranks of the Armed Forces of Ukraine for family reasons is regulated by a number of regulatory documents, including the following:
- The Law of Ukraine ‘On Military Duty and Military Service’ is the main document that establishes the rules of military service and the grounds for its termination.
- Regulations on Military Service - details the procedure for dismissal, requirements for documents and procedures.
- Orders of the Ministry of Defence of Ukraine - clarify certain aspects, including the grounds and specifics of dismissal.
These regulations establish transparent conditions that protect the rights of servicemen and women even in difficult circumstances.
Family circumstances for dismissal from the Armed Forces of Ukraine
Ukrainian legislation provides for dismissal from military service for certain family reasons. The grounds for dismissal are set out in the Law of Ukraine ‘On Military Duty and Military Service’ and other regulations. These circumstances include:
- Necessity to care for a family member: for example, if one of the family members has serious health problems and needs constant care, as confirmed by medical reports, and if the person has no other relatives of the first or second degree of kinship.
- The only source of income in the family: if the serviceman is the only one who provides for the family consisting of disabled persons, pensioners or children.
- Raising minor children: in particular, if one of the parents is raising a child alone or the family has a child with a disability.
- Other compelling circumstances: for example, the death of a close relative or a critical health condition of a family member.
How to resign from the Armed Forces of Ukraine for family reasons ?
The procedure for dismissal from the Armed Forces of Ukraine consists of several stages, each of which has its own peculiarities.
- Submission of a report. The first step is to prepare a report for dismissal from the Armed Forces of Ukraine for family reasons. The report is a document that officially initiates the discharge procedure. In the report, the serviceman must indicate the following: personal data of the serviceman; the reason for dismissal; specific family circumstances that require his presence; a list of documents confirming these circumstances.
- Additional documents. Along with the report, a package of documents confirming the grounds for dismissal must be submitted. These may include: medical certificates in case of caring for a sick person, birth certificates of children, documents confirming the state of health or the need for care.
- Consideration of the report and decision-making. Upon receiving the report, the unit commander is obliged to check the submitted documents and determine whether the situation meets the legal grounds for dismissal.
- Issuing a dismissal order. After a positive decision is made, the commander issues an order to discharge the serviceman from the Armed Forces.
Advantages of applying for a family-related discharge
- Protection of the interests of the serviceman's family.
- Avoidance of administrative offences or disciplinary sanctions.
- A legal basis for termination of military duties.
How to write report on dismissal from the Armed Forces of Ukraine for family reasons :
Sample report on dismissal from the Armed Forces of Ukraine for family reasons:
- The title of the document. In the upper right corner, the rank, name of the commander and the applicant's data should be indicated.
- The main part. Clearly, in an official business style, formulate the reason for the application, indicating that it is a family matter.
- Final part. List the documents that are attached to the report and indicate the date and signature.
Question
What documents are required dismissal for family reasons ?
Answer
The package of documents confirming family circumstances includes: medical certificates, birth certificates of children, a certificate of family composition and other documents confirming the need for dismissal.
Question
What should I do if the unit commander refuses to release me?
Answer
If the command refuses to consider the report or make a positive decision, the serviceman may file a complaint with the higher command or the court.
Question
Can I be discharged for family reasons if I am in a combat zone?
Answer
In the combat zone, dismissal may be postponed until the end of the rotation. In such cases, it is important to file a report and submit it through the command. If the circumstances are critical, the report should be considered as a priority.
Question
Can I resign for family reasons during the mobilisation period?
Answer
Yes, but the process may become more complicated. During the period of mobilisation and martial law, commanders have the right to postpone dismissal if it is justified by the needs of the military unit. However, if the circumstances are confirmed by official documents, a serviceman can appeal to a higher command or to a court if his report is unreasonably rejected.
So, documents to certify the circumstances:
Medical reasons. If a family member needs care, medical reports must be submitted.
Marital status. Documents confirming, for example, being single or raising minor children.
Financial circumstances. Confirmation of the status of the sole breadwinner of the family.
Additional nuances
- Mobilisation and restrictions. During the period of martial law, commanders have the right to postpone dismissal due to urgent service needs.
- Taking leave. If family circumstances are temporary, you can take a leave of absence.
- Retention of status. The law allows you to continue to enjoy certain benefits after dismissal if the circumstances are justified.
Dismissal from Armed Forces of Ukraine for family reasons is the right of every serviceman if there are appropriate grounds. Following the procedure, properly filling out a report and submitting supporting documents can ensure a legal discharge and avoid potential conflicts with the command. In case of disputes, it is recommended to seek legal advice to protect your rights.
